Section 1.06 is one sentence long, and it decides more cases than its length suggests.
What the Statute Says
A person attains a specified age on the day of the anniversary of his birthdate.
Why a One-Sentence Rule Matters
Age appears throughout the Penal Code as an element of an offense, a jurisdictional fact, or an enhancement. Section 1.06 supplies the arithmetic, and the arithmetic can decide:
Which court hears the case. Texas juvenile court jurisdiction generally covers delinquent conduct by a person at least 10 and under 17 at the time of the conduct. A person who commits an offense the day before their seventeenth birthday is a juvenile; on the birthday itself, under Section 1.06, they are 17 and the case proceeds in adult criminal court — with a public record and adult punishment ranges.
The offense level. Many offenses turn on the complainant's age: injury to a child, offenses against an elderly individual (65 or older), unlawful restraint of a child younger than 17, and the sexual offenses in Chapter 21 and Chapter 22 that grade by the victim's age.
Eligibility and disqualification. Unlawful carrying of a weapon under Section 46.02 applies to persons younger than 21. Alcohol offenses turn on 21. Age affecting criminal responsibility under Section 8.07 sets the floor for prosecution.
Proving Age
Because a single day can change the forum and the punishment range, the proof matters:
- Birth certificates are the ordinary proof, but names, dates, and places are sometimes recorded incorrectly, particularly for people born outside the United States.
- Records conflict. School enrollment records, medical records, immigration documents, and driver's license records frequently disagree with each other.
- Testimony. A parent's testimony can establish age, and is examinable like any other testimony.
Where a client's age at the time of the offense is close to a statutory line, obtaining and comparing every record is among the first things to do — it is occasionally the whole case.
Related
- Age affecting criminal responsibility (8.07)
- Definitions (1.07)
- Injury to a child, elderly or disabled
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.